advice of rescheduled governance and policy …...advice of rescheduled governance and policy...

For more information, please contact us on 08 8397 7444 or visit www.teatreegully.sa.gov.au

Advice of Rescheduled Governance and Policy Committee Meeting

Please be advised that the Governance and Policy Committee Meeting to be held Wednesday, 15 June 2016 has been rescheduled in accordance with the following Council resolution: 17.1 Governance & Policy Committee Meeting

Moved Cr Harbinson, Seconded Cr Headland That Council resolves to reschedule the 15 June 2016 Governance & Policy Committee Meeting to 20 July 2016.

Carried Unanimously (485)

Therefore the Governance and Policy Committee Meeting has been rescheduled to Wednesday, 20 July 2016. The rescheduled meeting will be held at the Civic Centre, 571 Montague Road, Modbury.

JOHN MOYLE CHIEF EXECUTIVE OFFICER



Please be advised that the Governance and Policy Committee Meeting to be held Wednesday, 15 June 2016 has been rescheduled in accordance with the following Council resolution:

15.1 Governance & Policy Committee Meeting Moved Cr Harbinson, Seconded Cr Headland That Council resolves to reschedule the 15 June 2016 Governance & Policy Committee Meeting to 20 July 2016.

Carried Unanimously (441) Therefore the Governance and Policy Committee Meeting has been rescheduled to Wednesday, 20 July 2016. The rescheduled meeting will be held at the Civic Centre, 571 Montague Road, Modbury.


Notice of Governance and Policy Committee Meeting

Wednesday 15 June 2016

MEMBERSHIP

Cr Matthew Harbinson (Presiding Member)

Cr Brian Massey Cr Justin Hanson Cr Stuart Headland Cr Lucas Jones

NOTICE is hereby given pursuant to Sections 87 and 88 of the Local Government Act 1999 that the next GOVERNANCE AND POLICY COMMITTEE MEETING will be held in the Civic Centre, 571 Montague Road, Modbury on WEDNESDAY 15 JUNE 2016 commencing at 6.30pm

A copy of the Agenda for the above meeting is supplied as required


Dated: 09 June 2016



Please be advised that the Governance and Policy Committee Meeting to be held Wednesday, 15 June 2016 has been rescheduled in accordance with the following Council resolution:

15.1 Governance & Policy Committee Meeting Moved Cr Harbinson, Seconded Cr Headland That Council resolves to reschedule the 15 June 2016 Governance & Policy Committee Meeting to 20 July 2016.

Carried Unanimously (441) Therefore the Governance and Policy Committee Meeting has been rescheduled to Wednesday, 20 July 2016. The rescheduled meeting will be held at the Civic Centre, 571 Montague Road, Modbury.


CITY OF TEA TREE GULLY

GOVERNANCE AND POLICY COMMITTEE MEETING 15 JUNE 2016

AGENDA 1. Opening and Welcome

Acknowledgement of Country Statement “The City of Tea Tree Gully recognises this City’s considerable natural and cultural heritage, including thousands of years of Traditional Ownership by the Kaurna people and the more recent contributions from all who live here. We build on this heritage today by respecting and listening to each other, being receptive to new ideas and acting wisely for the current and future well-being of our community”.

2. Attendance Record: 2.1 Present 2.2 Apologies 2.3 Record of Officers in Attendance 2.4 Record of number of persons in the Public Gallery 2.5 Record of media representatives in attendance

3. Confirmation of Minutes to the Previous Meeting

That the Minutes of the Governance and Policy Committee held on 4 May 2016 be confirmed as a true and accurate record of proceedings.

4. Public Forum Available to the public to address the Committee on policy, strategic matters or items that are currently before the Committee. Total time 10 mins with maximum of 2 mins per speaker. For more information refer to Council’s website www.teatreegully.sa.gov.au

5. Deputations Requests from the public to address the meeting must be received in writing 5 days prior to the meeting and approved by the Presiding Member. For more information refer to Council’s website www.teatreegully.sa.gov.au

6. Presentations Requests from the public to present to the meeting must be received in writing 5 days prior to the meeting and approved by the Presiding Member. For more information refer to Council’s website www.teatreegully.sa.gov.au

Governance and Policy Committee Meeting - 15 June 2016 Page 3

http://www.teatreegully.sa.gov.au/



7. Petitions - Nil

8. Declarations of Conflicts of Interest

Members are invited to declare any material, actual and/or perceived conflicts of interest in matters appearing before the Committee.

9. Adjourned Business - Nil 10. Motions Lying on the Table - Nil

11. Management Reports

Office of the Chief Executive Officer - Nil Assets & Environment - Nil Organisational Services & Excellence - Nil Community & Cultural Development - Nil

12. Notice of Motions - Nil

13. Motions Without Notice 14. Questions on Notice - Nil

15. Questions without Notice

16 Returned Policies

16.1 Community Grants Policy ................................................................................ 7 Carla Leversedge, Manager Community Development & Engagement 16.2 Liquor Licence Application Management Policy ............................................. 25 Robert Gagetti, Manager City Development 16.3 Boundary Fence Management Policy ............................................................ 69 Gabby D’Aloia, Manager Civil Assets 16.4 Private Use of Council Vehicle Policy ............................................................ 77 Mark Konecny, Manager Civil & Water Operations 16.5 Petition Management Policy .......................................................................... 83 Ilona Cooper, Manager Governance & Policy


16.6 Code of Practice for Council and Committee Meeting Procedures ................. 93 Ilona Cooper, Manager Governance & Policy

17 First Discussion of Policies Prior to Review - Nil 18. Status Report on Council and Committee Resolutions

18.1 Status Report on Committee Resolutions .................................................... 131

19. Other Business

20. Section 90(2) Local Government Act – Confidential Items A record must be kept on the grounds that this decision is made.

21. Date of Next Meeting 17 August 2016

22. Closure

The Committee meeting shall conclude on or before 10.30pm unless there is a specific motion adopted at the meeting to continue beyond that time.


Item

16.

1

City of Tea Tree Gully

Governance and Policy Committee

Document Cover Sheet

15 JUNE 2016

COMMUNITY GRANTS POLICY

Responsible Manager: Manager Community Development and Engagement

From the Governance and Policy Committee on 16 July 2014, the following recommendation was made: “1. That after consideration, discussion and some minor variations by the Governance and

Policy Committee on 16 July 2014 the policy entitled “Community Grants Policy” be adopted and the former policy entitled “Grants Policy” be revoked.

2. That the topic of community grants be workshopped with Elected Members after the

Local Government elections.” At the Council meeting on 14 July 2015 changes were made to the Community Grants Policy by removing references to Strategic Planning and Development Policy Committee (which had delegations removed by Council) within the policy and referring to the Council. Heritage Grants are being referred to the CEO (instead of the Strategic Planning and Development Policy Committee) after consideration of advice from Council’s Heritage Advisor. A workshop was held with the Elected Members on 22 August 2015 and this policy has been drafted using the feedback from this session. Changes made to the policy following the workshop are shown in tracked changes. Given this policy is a key reference point for the community when applying for a community grant it’s important that the policy is user friendly and easy to read. Therefore changes have been made to remove jargon, simplify the structure and increase flexibility where possible. The review of this policy was postponed until this meeting to allow for endorsement of the Strategic Plan, which the Community Grants Policy relies on for consideration of the merit of grant applications made to Council.


Ite

m 1

6.1

RECOMMENDATION

That the Governance and Policy Committee recommends to Council: That after consideration, discussion and some minor variations by the Governance and Policy Committee on 15 June 2016 the policy entitled “Community Grants Policy” be adopted and the former policy entitled “Community Grants Policy” be revoked. Or That after consideration, discussion and some minor variations by the Governance and Policy Committee on 15 June 2016 and given there are no significant changes to the policy entitled “Community Grants Policy”, it be adopted and the former policy entitled “Community Grants Policy” be revoked. Or That after some discussion by the Governance and Policy Committee on 15 June 2016 recommends that the policy entitled “Community Grants Policy” be returned to the “Governance and Policy Committee” for consideration.

Summary of changes

Page No. Heading Comments

1 Responsible Manager Manager Strategy and Governance changed to reflect correct title of Manager City Strategy

1 Other Key Internal Stakeholders

Added Manager Recreation & Leisure Services Manager, Buildings Assets & Environment – to reflect their work areas involvement in Community Development Grants applications.

1 Reference to Strategic Plan

Updated to reflect new Strategic Plan aspirations. All aspirations are included in the policy.

2 Contents Simplified by only showing the high level headings. 3 Purpose Minor rewording of purpose.

3 Other references

Deleted references to administrative documents / applications forms etc. Added reference to the Sponsorship Policy.

4 Policy This section was too long and repetitive. Therefore this section has been simplified and moved to the relevant area in within the policy document.

4 City of Tea Tree Gully Community Grants Program

Amended the introduction text to reflect the new Strategic Plan and wellbeing. Removed the word category as it was repetitive. Added a new heading ‘Community Grants Program Principles’ – these are principles that apply to all three grant categories. Other information about Principles has been moved to the relevant area in within the policy document.


Item

16.

1

6 Community Development Grants

Added information under the Community Events category to reflect the option of seeking funding through Councils Event Sponsorship Program. Moved text ‘Applications for grants will be assessed according to the established criteria and presented to Council for consideration following the closure of the funding round’ to sit under criteria. Deleted ‘Council will not auspice organisations or find an auspice organisation for the applicant’. Added clarification around when schools can apply – Under the heading ‘Funding will not be provided for: ‘Activities or programs that are considered to be primarily the responsibility of the State or Australian Government (This means that schools will not be funded for curriculum based activities. Applications from the both Public and Private Schools will be considered for innovative, creative and inclusive community projects) Would like to consider deleting: Return any equipment purchased through the Community Development Grants Program valued at $300 or over to Council should the group cease to operate.

8 Funding will not be provided for

Rewording of first dot point to make it easier to understand. Merged dot point three with other dot point relating to capital works. Dot point six needed words added to clarify in what instances schools can apply for funding. The wording added states that curriculum based applications will not be considered, however application that are innovative, creative and inclusive will be accepted.

9 Criteria for Community Development Grants

Added wording to reflect that applications and evaluations are done online. Minor rewording to increase flexibility.

10 Expenditure and Evaluation

This item was moved to sit under Community Development Grants as it does not apply to Heritage Grants for Youth Sponsorship.

10 Goods and Services Tax (GST)

This item was moved to sit under Community Development Grants as it does not apply to Heritage Grants for Youth Sponsorship.

11 Heritage Grants

Deleted a procedural paragraph that was related to the Community Development Grant and not required in the policy. Under General Principles, inserted text that was in the beginning of the document. It has been moved here because it is only relevant to Heritage Grants.


Ite

m 1

6.1

12 Funding Criteria for Heritage Grants

Minor rewording of previous applications being given a lower priority. Deleted section about approval by CEO, this was repeated under principles.

13

Youth Sponsorship Program

Changed order of categories to be alphabetically listed. Added YMCA Youth Parliament to the Community Involvement category. Minor rewording under eligibility. Under dot point about representing South Australia or Australia ‘if this criteria is not met under the Arts and Culture or Community Involvement categories, you must be able to demonstrate a significant community contribution and/or benefit). This is to add flexibility under these categories. Added ‘not received a Youth Sponsorship funding in the past 12 months.

14 Criteria for Funding

Minor rewording. Added sentence ‘it’s advisable to get applications in as early as possible’.

15 Expenditure and Evaluation

Moved information about expenditure and evaluation and GST to sit under Community Development Grants where it is more applicable.

Supporting Information Attachments 1. Community Grants Policy - Reviewed version .......................................................... 11


Community Grants Policy - Reviewed version Attachment 1

Atta

chm

ent 1

Ite

m 1

6.1



Atta

chm

ent 1

Ite

m 1

6.1


Item

16.

2




15 JUNE 2016

LIQUOR LICENCE APPLICATION MANAGEMENT POLICY

Responsible Manager: Manager City Development

At the Governance and Policy Committee on 17 February 2016 the resolution was made: “That after some discussion by the Governance and Policy Committee on 17 February 2016 the Committee recommends that the policy entitled “Liquor Licence Application Management Policy” be returned to the Governance and Policy Committee for consideration once an outcome has been achieved with the current application for extended trading hours at the Valley Inn or 6 months whichever is later.” This policy is being returned to the Governance and Policy Committee (GPC) meeting for further consideration and discussion. The Summary of Changes below are the discussion points to be undertaken by the GPC, which will guide the policy direction and consider the removal of procedural aspects. The following attachments are included: Attachment 1 – Council’s current Liquor Licence Application Management Policy Attachment 2 – Reviewed version of the Liquor Licence Application Management Policy with track changes Attachment 3 – Reviewed version of the Liquor Licence Application Management Policy with a final view of what the policy looks like (with the track changes removed) Attachment 4 - A comparison of other council’s liquor licence policies and what they address.

Governance and Policy Committee Meeting - 15 June 2016

Ite

m 1

6.2

RECOMMENDATION

That after some discussion by the Governance and Policy Committee on 15 June 2016 recommends that the policy entitled “Liquor Licence Application Management Policy” be returned to the “Governance and Policy Committee” for consideration.

Summary of changes


2 Purpose The purpose of the policy needs to be reconsidered. A higher level purpose is recommended.

2 Legislative Framework and Other References

Excessive wording removed or altered, different types of licences are identified, Liquor Licensing (General) Regulations heading has been removed as this is included in Liquor Licensing Act, References that are not referred to in the policy are removed.

4 Overview Re-worded and duplication deleted.

4 Policy Objectives

Objectives of the policy have been reviewed and modified. Objectives purpose to focus on desired outcomes having regard to the needs of all stakeholders – 1. Local residents – managing impact of amenity and

lifestyle 2. Patrons who obtain a benefit from the operations 3. Licensed Premises Question about how Council achieves the safety and welfare of child dedicated facilities through this policy.

5 Consideration of Licence Applications

Condensed and re-worded. A list of criteria against which licensing applications are to be assessed has been added.

6 Objections The objection section has been moved to page 8 in reviewed document

6 Recommended Conditions for Licence Applications

All standard conditions listed under various headings have been moved to Attachment 1 in the reviewed copy of the policy.

6 Hours of Trading

Have been left in for now, but need to be reconsidered. It is considered the hours are too restrictive and won’t necessarily achieve desired outcomes in every instance. Policy should be outcomes focused Hours should only be used to trigger notification process (if to remain).

Conditions for Limited Licences Moved to Attachment 1 in the reviewed document.

10 Advisory Notes Moved to Attachment 1 in the reviewed document.

10 Public Notification

GPC should turn its mind to the necessity for public notification, noting that: 1. Consumer and Business Services (CBS) run their

own public notification process 2. Council’s notification process was to compensate

for the shortcomings in the CBS notification process If notification is to continue, GPC to consider reducing notification area and the types of licence types requiring notification.


Item

16.

2

-The intention of the notification process should be clearly conveyed in the policy – that is to ensure all stakeholders are notified of the licence proposal.

11 Car Parking This paragraph is deleted. However, car parking numbers are listed as one of the criterion against which an application must be assessed.

11 Managing Complaints / Advocacy

New wording. Not so prescriptive as to which section of the Liquor Licensing Act Council will act under should Council wish to lodge a complaint. There are several avenues for this and will depend on the circumstance.

12 Council Intervention for Existing Licensed Premises

This paragraph explained another avenue for Council to make a complaint, therefore merged with Managing Complaints / Advocacy.

Changes during or after GPC Meeting for Council Meeting [date]

Supporting Information Attachments 1. Liquor Licence Application Management Policy - Council - 13 August 2013 ............ 28 2. Liquor Licence Application Management Policy - Reviewed version ........................ 40 3. Liquor Licence Application Management Policy - final with tracked changes removed53 4. Comparison of Other Councils Liquor Licence Policies - June 2016 ........................ 66


Liquor Licence Application Management Policy - Council - 13 August 2013 Attachment 1

Atta

chm

ent 1

Ite

m 1

6.2


Liquor Licence Application Management Policy - Reviewed version Attachment 2

Atta

chm

ent 2

Ite

m 1

6.2


Liquor Licence Application Management Policy - final with tracked changes removed

Attachment 3

Atta

chm

ent 3

Ite

m 1

6.2


Com

parison of Other C

ouncils Liquor Licence Policies - June 2016 Attachm

ent 4

Attachment 4 Item 16.2

Governance and P

olicy Com

mittee M

eeting - 15 June 2016 P

age 66

Com

parison of Other C


ent 4


Governance and P

olicy Com

mittee M


age 67

Com

parison of Other C


ent 4


Governance and P

olicy Com

mittee M


age 68

Item

16.

3




15 JUNE 2016

BOUNDARY FENCE MANAGEMENT POLICY

Responsible Manager: Manager Civil Assets

This policy was discussed at the Governance and Policy Committee meeting on 17 February 2016 as part of the review schedule and the following resolution was made: “That after some discussion by the Governance and Policy Committee on 17 February 2016 recommends that the policy entitled “Boundary Fence Management Policy” be returned to the “Governance and Policy Committee” for consideration.” The policy was returned to the 4 May 2016 meeting where the following resolution was made: “That after some discussion by the Governance and Policy Committee on 4 May 2016, the Committee recommends that the policy entitled “Boundary Fence Management Policy” be returned to the Governance and Policy Committee for further consideration, particularly in relation to asbestos fencing, exposed post and rail fencing and potential cost sharing.” Options will be discussed at the meeting.


Ite

m 1

6.3

RECOMMENDATION

That the Governance and Policy Committee recommends to Council: That after consideration, discussion and some minor variations by the Governance and Policy Committee on 15 June 2016 the policy entitled “Boundary Fence Management Policy” be adopted and the former policy entitled “Boundary Fence Management Policy” be revoked. Or That after consideration, discussion and some minor variations by the Governance and Policy Committee on 15 June 2016 and given there are no significant changes to the policy entitled “Boundary Fence Management Policy”, it be adopted and the former policy entitled “Boundary Fence Management Policy” be revoked. Or That after some discussion by the Governance and Policy Committee on 15 June 2016 recommends that the policy entitled “Boundary Fence Management Policy” be returned to the “Governance and Policy Committee” for consideration.

Summary of changes

Page No. Heading Comments 5 Asbestos Fencing Wording change from ‘may to ‘will’


Supporting Information Attachments 1. Boundary Fence Management Policy -Reviewed version ......................................... 71


Boundary Fence Management Policy -Reviewed version Attachment 1

Atta

chm

ent 1

Ite

m 1

6.3


Item

16.

4




15 JUNE 2016

PRIVATE USE OF COUNCIL VEHICLE POLICY

Responsible Manager: Manager Organisational Development Manager Finance & Rating Operations

This policy is to be reviewed to determine vehicle purchasing preferences with the purpose of including into a resolution about updating Elected Member Allowances and Benefits Policy.

RECOMMENDATION

That the Governance and Policy Committee recommends to Council: That after consideration, discussion and some minor variations by the Governance and Policy Committee on 15 June 2016 the policy entitled “Private Use of Council Vehicle Policy” be adopted and the former policy entitled “Private Use of Council Vehicle Policy” be revoked. Or That after consideration, discussion and some minor variations by the Governance and Policy Committee on 15 June 2016 and given there are no significant changes to the policy entitled “Private Use of Council Vehicle Policy”, it be adopted and the former policy entitled “Private Use of Council Vehicle Policy” be revoked. Or That after some discussion by the Governance and Policy Committee on 15 June 2016 recommends that the policy entitled “Private Use of Council Vehicle Policy” be returned to the “Governance and Policy Committee” for consideration.


Ite

m 1

6.4

Summary of changes Page No. Heading Comments

1 Reference to Strategic Plan Updated to reflect new Strategic Plan

2 Legislative framework and other references Minor wording changes

3 Allocation of Council Vehicles

Discussion point around the inclusion of Holden in the Council resolution


Supporting Information Attachments 1. Private Use of Council Vehicles Policy - Reviewed version ...................................... 79


Private Use of Council Vehicles Policy - Reviewed version Attachment 1

Atta

chm

ent 1

Ite

m 1

6.4


Item

16.

5




15 JUNE 2016

PETITION MANAGEMENT POLICY

Responsible Manager: Manager Governance & Policy

This policy is to be discussed at the Governance and Policy Committee meeting, based on potential changes that were discussed at the previous Governance & Policy Committee meeting.

RECOMMENDATION

That the Governance and Policy Committee recommends to Council: That after consideration, discussion and some minor variations by the Governance and Policy Committee on 15 June 2016 the policy entitled “Petition Management Policy” be adopted and the former policy entitled “Petition Management Policy” be revoked. Or That after some discussion by the Governance and Policy Committee on 15 June 2016 recommends that the policy entitled “Petition Management Policy” be returned to the “Governance and Policy Committee” for consideration.

Summary of changes


2 Purpose The purpose section has been expanded to explain all the aspects of the policy that are to be covered.

2 Definitions Inclusion of ‘Committee’ definition to be a section 41 Committee of Council.

3 Policy Duplication of reference has been removed. This is provided for elsewhere in the Policy under ‘Considering


Ite

m 1

6.5

a Petition’

3 Policy

Three paragraphs have been moved elsewhere in the Policy: • Requirement for petitions submitted to relate to

matters of Council, or that Council can lobby about has been brought forward to beginning of Policy (previously under Petition Content)

• Paragraph that references communication with the Contact Person has been moved to ‘Petition Submission Process’

• Provision for individuals to speak to Council or Committee about a petition has been moved to ‘Having a Say’

•

3 Policy – Petition Content

New heading included to clearly identify there are specific requirements for petition content. These points now reflect the regulations. Directions on how petitions may be submitted have been included under ‘Petition Submission Process’. Reference to only allow private individuals or groups has been removed (as Council must accept any petition that meets the regulation requirements).

4 Policy – Requests to Display Petitions

This section has been moved from the end of the Policy to before ‘Petition Submission Process’, as this should ideally occur before a petition is submitted to Council An introductory paragraph has been added to this section to identify why an individual may request to display a petition via Council. This section also now provides for requests for display or advertising of a petition via Council resources such as social media, or Gully Grapevine newsletter (as well as other local resources identified on Council’s website It is worth clarifying whether a request should require the CEO and Mayoral approval, or whether one or the other would be sufficient.

5 Policy – Petition Submission Process

These two paragraphs have been moved from previous areas of the Policy. Additional wording has been included to request the Contact Person to provide as many contact details as possible as there have been previous issues in getting into contact with the Contact Person.

5 Policy - Considering the Petition

New heading to identify the policy content relates to consideration of the petition by Council or a Committee. A new paragraph has been included to make it clear that the initial receipt of the petition is just an acknowledgement of the submission, rather than a decision being make on the petition topic.


Item

16.

5

The provision for Elected Members to submit a Notice of Motion has not been changed, it has just been moved from elsewhere in the Policy.

5 Policy – Having a Say

New heading to identify how individuals can address Council or Committee in relation to a petition. The details of how to address Council or a Committee is have been removed from this Policy, and now refer to other Council documents where this detail is contained. The purpose of this approach is to avoid any chance of inconsistency between requirements and the process to be followed when these documents are amended. The requirement for Elected Members to be kept informed of the progress of a petition has been moved to the ‘Petition Progression’ section of the Policy.

6 Policy – Inspection of a Petition

The first two paragraphs have been moved from elsewhere in the previous Policy. The last paragraph is an addition that clearly notes that while details of petitions are not available for general inspection of the public, that there is provision for these details to be obtained by application under the Freedom of Information Act 1991.

7 Policy – Petition Progression

This is an entirely new section (with the exception of the last paragraph) which clearly explains what will happen with a petition once it has been received by Council or Committee. The previous policy position was unclear what occurred after the petition had been referred to a staff member/manager. These requirements now clearly identify the reporting and communication that is required to address a petition.


Supporting Information Attachments 1. Petition Management Policy - Reviewed version ...................................................... 86


Petition Management Policy - Reviewed version Attachment 1

Atta

chm

ent 1

Ite

m 1

6.5



Atta

chm

ent 1

Ite

m 1

6.5


Item

16.

6




15 JUNE 2016

CODE OF PRACTICE FOR COUNCIL AND COMMITTEE

MEETING PROCEDURES

Responsible Manager: Manager Governance & Policy

This policy is to be discussed at the Governance and Policy Committee meeting, based on potential changes that were discussed at the previous Governance & Policy Committee meeting. The topic of providing Elected Members with agendas earlier (to enable thorough consideration of information presented to them) has previously been raised, and it is noted that the current meeting procedure regulations restrict this, given that Elected Members are able to submit Notices of Motion and Questions on Notice 5 days before the meeting. Currently staff must allow for this timeframe to pass prior to collating the agenda and preparing it for distribution to Elected Members and the public. To address this, it is proposed that the Committee support staff in lobbying the LGA to provide for these timeframes to be varied at the discretion of Council (as some other regulations are), which would enable councils to choose to prepare agendas earlier than what is currently provided for in regulation. Variation to this code requires the support of at least two thirds of the members of Council when this policy is adopted by Council.


Ite

m 1

6.6

RECOMMENDATION

That the Governance and Policy Committee recommends to Council: 1. That after consideration, discussion and some minor variations by the

Governance and Policy Committee on 15 June 2016 the policy entitled “Code of Practice for Council and Committee Meeting Procedures” be adopted and the former policy entitled “Code of Practice for Council and Committee Meeting Procedures” be revoked.

2. That the CEO writes to the LGA requesting them to lobby State Government for

the revision of the Local Government (Procedures at Meetings) Regulations to allow for the timeframes provided for submission of Notices of Motion and Questions on Notice to be a regulation that can be varied at the discretion of a Council.

Or That after some discussion by the Governance and Policy Committee on 15 June 2016 recommends that the policy entitled “Code of Practice for Council and Committee Meeting Procedures” be returned to the “Governance and Policy Committee” for consideration.

Summary of changes


4 Legislative framework

Legislative provisions have been summarised furtherin order to make them more concise. The conflict of interest comments are no longer relevant with the new provisions that have been introduced.

5 Definitions

Committee has been defined to enable Council Committees (or section 41 Committees) to simply be referred to as Committees Strategic Planning & Development Policy definition has been removed as it is not referred to within the Code of Practice (this remained from previous versions where Council and SPDPC had similar meeting requirements separate to other Committees).

6 Introduction

Some paragraphs have been moved around to improve the readability of the introduction. Two additional documents have been reference to provide a more comprehensive reference to the rules and procedures that govern meetings.

6 Guiding Principles This has been amended to directly reflect the regulations.

7 Order of Business Mention of Terms of Reference also varying procedures has been moved to Introduction, as it does not only relate to Order of Business.

7 Welcome

Clarified that it is only a requirement for Elected members and staff to stand during the welcome, as this is not a practice that is followed or enforced on the public.


Item

16.

6

7 Acknowledgement of Country Statement

While there are no suggested changes proposed at this point in time, it should be noted that the Acknowledgement of Country Statement is currently under review in accordance with the Reconciliation Action Plan. To ensure this is done appropriately, this is being undertaken as a separate process, and will be returned to the Committee for consideration at a later date.

7 Apologies Include additional wording to make it clear that absences are not recorded in the Minutes if an apology is not provided. This reflects current practice.

8-9 Public Forum

Included wording on how public forums should be used, which currently sits in the Public Forum Guidelines, but may be more appropriate to sit in the Code of Practice. Provision included for the Presiding Member to have discretion over the amount of time members of the public can speak. Also included provision that there will be no debate on a public forum matter, only questions. This currently exists in the Public Forum Guidelines, but may be more appropriate to sit in the Code of Practice.

9 Deputations

Deputation Guidelines currently define the time limit for deputations, where it may be more appropriate to include in the Code of Practice. The Committee should consider whether it is appropriate limiting deputation time to include question time (as is the current provision within the Deputation Guidelines), as it is difficult for a member of the public to know how long they can speak without knowing how many (if any) questions they will be asked.

10 Presentations

The Committee should consider whether it is appropriate to indicate a general limit of one presentation per meeting, given this practice is not usually followed.

10 Petitions Terminology aligned to reflect regulations

10 Declaration of Conflicts of Interest

Included wording to reflect new legislative provisions, and be clear how Minutes will be recorded in relation to this.

11 Adjourned Business

Included wording to reflect current practice that any adjourned business would be listed on the Agenda and included as part of the Agenda. Numbering has been rectified to correct regulations. Also included provision for the Presiding Member to vary the application of this regulation, which would then allow them to consider other business on the Agenda (particularly where members of the public are present), prior to considering adjourned business. This is currently not provided for in the Code of Practice.


Ite

m 1

6.6

11 Committee Reports

Clarified that this only applies to Council meeting Agendas. Have removed the requirements for Presiding Members to report to Council in writing. This is not reflective of current practice or Council’s Terms of Reference for Committees which would generally only require a verbal report by the Presiding Member of a Committee (eg. Audit Committee).

12 Management Reports

This section has been brought forward ahead of withdrawal of agenda items and consideration of items en bloc, to be clear that this all relates to management reports.

14 Questions on Notice

There are no separate procedures that exist or are required for Questions on Notice outside the regulations and the Code of Practice. It has also been noted that where possible, answers to Questions on Notice will be included in the Agenda (where time permits), as this reflects our current practice.

14 Questions without Notice

This section clarifies what will be recorded in the Minutes in relation to Questions without Notice, given the regulations don’t provide for the questions or answers to be included without a resolution from council. It is not proposed that this be included, but that for good governance and transparency purposes that the Minutes reflect that there was a question and the topic of the question.

15 Information Reports

Clarifying that these reports do not require a resolution. It is also important to note that we are currently investigating incorporating information reports into the agenda itself, to provide a complete picture of reports considered by Council.

15 Status Report of

Council or Committee Resolutions

This clarifies what will be included in the status report of resolutions, including removing the requirement for this to require a resolution, and allowing for it to be included as information only (but not preventing questions being asked.

16 Other Business

Have provided discretion for Presiding Members to allow for other matters to be raised in Other Business. It is noted that Elected Members often use this section to acknowledge events etc which have been held and were successful (or other similar types of activities), such as community group updates. The definition of what is currently accepted in this section of the agenda is extremely narrow and limited to house-keeping or urgent matters. This suggested wording would provide for continuation of current practice on how Other Business is used.


Item

16.

6

16 Confidential Items

Included wording that clarifies existing practice and references the Code of Practice – Access to Council and Council Committee Meetings and Documents, which is the key reference point (outside of legislation) for these matters

16 Meeting Practices Provided for flexibility in timeframes for adjournments

19 Amendments to Motions

Clarified that the foreshadowing of a motion is not included in the Minutes (which reflects existing practice)

20 Addresses by Members

Moved the section forward about Elected Members standing when addressing Council (not Committees), which was previously located under ‘Meeting Etiquette’ Included a provision to vary regulation 15(1) & (2) to provide a Presiding Member of a Committee the discretion to allow a member to speak more than once, to encourage informal dialogue. The encouraging of informal dialogue is an existing practice and was provided for in an informal sense within the Code of Practice, but did not clearly specify that Committees could operate in variation of this regulation.

21 Point of Order Clarified what the Minutes will record when a Point of Order is called by a member

22 Visual or Audio Recordings

Included a new provision that requires members of the public (including media) to obtain approval of the Presiding Member before being allowed to record. Also included a provision for staff to take visual footage for the purposes of Council business, but prohibiting Elected Members to do so without first obtaining approval from the Presiding Member. These provisions allow for the Presiding Member to take into consideration the purpose of these recordings before determining whether this will be allowed.

24-32 Attachments Templates updated to reflect meeting procedure changes


Supporting Information Attachments 1. Code of Practice for Council and Committee Meeting Procedures - Reviewed version

................................................................................................................................ 98


Code of Practice for Council and Committee Meeting Procedures - Reviewed version

Attachment 1

Atta

chm

ent 1

Ite

m 1

6.6



Attachment 1

Atta

chm

ent 1

Ite

m 1

6.6


Item

18.

1

Status Report on Committee Resolutions 15 JUNE 2016 RECOMMENDATION

That Governance and Policy Committee notes the report entitled “Status Report on Council or Committee Resolutions” and dated 15 June 2016 noting that all completed actions from this report will be removed from future reports. Note: Confidential actions have been removed from the Status Report.

Pending Actions

Minute No. Meeting Officer Subject Estimated

Completion 4 17 February 2016 Gabby D'Aloia Boundary Fence Management Policy 17/06/2016 D16/10638 05 May 2016 - 2:00 PM - Kelli Strugnell - Policy to return to next Governance and Policy Committee scheduled for 15 June 2016 12 Apr 2016 - 5:30 PM - Kelli Strugnell - Policy returning to Governance and Policy Committee 20 April 2016

Minute No. Meeting Officer Subject Estimated Completion

4 04 May 2016 Kelli Strugnell Use of a Road for a Business Purpose (Permit) Policy 19/08/2016

D16/25513 23 May 2016 - 9:42 AM - Kelli Strugnell - Policy has been pushed out to allow the state government position paper on food trucks to be released and assessed for impact on Council policy. 05 May 2016 - 2:01 PM - Kelli Strugnell - Revised Target Date changed by: Kelli Strugnell From: 18 May 2016 To: 17 Jun 2016 Reason: Policy to return to next Governance and Policy Committee scheduled for 15 June 2016


5 04 May 2016 Kelli Strugnell Smoke Free Zone Policy 17/06/2016 D16/25515 05 May 2016 - 2:01 PM - Kelli Strugnell - Revised Target Date changed by: Kelli Strugnell From: 18 May 2016 To: 17 Jun 2016 Reason: Policy to return to next Governance and Policy Committee scheduled for 15 June 2016


6 04 May 2016 Kelli Strugnell Petition Management Policy 17/06/2016 D16/25516 05 May 2016 - 2:01 PM - Kelli Strugnell Revised Target Date changed by: Kelli Strugnell From: 18 May 2016 To: 17 Jun 2016 Reason: Policy to return to next Governance and Policy Committee scheduled for 15 June 2016


7 04 May 2016 Kelli Strugnell Code of Practice for Council and Committee Meeting Procedures 17/06/2016

D16/25517 05 May 2016 - 2:02 PM - Kelli Strugnell - Revised Target Date changed by: Kelli Strugnell From: 18 May 2016 To: 17 Jun 2016 Reason: Policy to return to next Governance and Policy Committee scheduled for 15 June 2016


04 May 2016 Kelli Strugnell Private Use of Council Vehicle Policy 17/06/2016 D16/25518 05 May 2016 - 2:03 PM - Kelli Strugnell - Revised Target Date changed by: Kelli Strugnell From: 18 May 2016 To: 17 Jun 2016 Reason: Policies to be reviewed at future Governance and Policy Committee - next GPC scheduled for 15 June 2016


Ite

m 1

8.1

Completed Actions

Minute No. Meeting Officer Subject Completed 1 17 February 2016 Andrew Sellars Tree Management Policy 9/06/2016 D16/10635 09 Jun 2016 - 11:57 AM - Andrew Sellars Action completed by: Kelli Strugnell - Action complete 07 Jun 2016 - 4:26 PM - Andrew Sellars - Policy review accepted at GPC and by Council and now complete 07 Jun 2016 - 10:10 AM - Kelli Strugnell Workshop with Elected Members has been postponed until a time in the future when the Burnley Evaluation method has been fully assessed. 23 Feb 2016 - 5:11 PM - Andrew Sellars - Information on valuation approach and development impact to be sourced 22 Feb 2016 - 2:52 PM - Kelli Strugnell - Further background information to be developed for workshop with Elected Members. Minute No. Meeting Officer Subject Completed 2 04 May 2016 Kelli Strugnell Boundary Fence Management Policy 9/06/2016 D16/25510 09 Jun 2016 - 11:56 AM - Kelli Strugnell - Action completed by: Kelli Strugnell 05 May 2016 - 2:00 PM - Kelli Strugnell - Policy to return to next Governance and Policy Committee scheduled for 15 June 2016 Minute No. Meeting Officer Subject Completed 3 04 May 2016 Kelli Strugnell Tree Management Policy 13/05/2016 D16/25511 13 May 2016 - 11:47 AM - Kelli Strugnell - Action completed by: Kelli Strugnell - Policy adopted by Council 10 May 2016 - minute number 446. Policy updated on website, intranet and Trim. 05 May 2016 - 1:57 PM - Kelli Strugnell - Policy has been recommended to Council for 10 May 2016
